State of Illinois
90th General Assembly
Legislation

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90_HB3557

      10 ILCS 5/10-8            from Ch. 46, par. 10-8
      10 ILCS 5/10-9            from Ch. 46, par. 10-9
      10 ILCS 5/10-10           from Ch. 46, par. 10-10
      10 ILCS 5/10-10.1         from Ch. 46, par. 10-10.1
          Amends  the  Article  of  the  Election  Code  concerning
      nominations by political parties that polled less than 5%  of
      the  vote and nominations by individual voters. Provides that
      nomination  papers,  objection  to   petitions,   and   other
      documents  shall  be  transmitted  to  certain  persons  by a
      next-day express delivery service, rather than by  registered
      mail  or  receipted  personal  delivery.  Requires objector's
      petitions  to  be  signed  and  verified.  Changes  the   way
      electoral  boards  for hearing and passing upon an objector's
      petition are selected. Requires  vacancies  on  an  electoral
      board  to  be filled by a public member who is an attorney or
      someone with knowledge of election law. Requires compensation
      to be  paid  to  public  members  of  the  electoral  boards.
      Authorizes  electoral  boards  to  retain  legal  counsel and
      provides for payments of the  electoral  board's  costs  from
      public  funds. Provides that at a hearing before an electoral
      board, the board may appoint  administrative  law  judges  to
      hear  testimony  and make recommendations. Requires electoral
      board meetings to be tape  recorded.  Requires  an  electoral
      board  to issue its findings within 2 business days after the
      hearing. Provides that an electoral  board  decision  may  be
      reviewed  in  circuit  court  under  the  provisions  of  the
      Administrative Review Law. Makes other changes.
                                                     LRB9009639JMmb
                                               LRB9009639JMmb
 1        AN  ACT  to  amend the Election Code by changing Sections
 2    10-8, 10-9, 10-10, and 10-10.1.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Election  Code  is amended by changing
 6    Sections 10-8, 10-9, 10-10, and 10-10.1 as follows:
 7        (10 ILCS 5/10-8) (from Ch. 46, par. 10-8)
 8        Sec. 10-8.  Certificates  of  nomination  and  nomination
 9    papers,  and  petitions  to  submit  public  questions  to  a
10    referendum,  being  filed as required by this Code, and being
11    in apparent conformity with the provisions of this Act, shall
12    be deemed to be valid unless objection thereto is  duly  made
13    in  writing  within  5  business  days after the last day for
14    filing the certificate of nomination or nomination papers  or
15    petition   for   a   public   question,  with  the  following
16    exceptions:
17             A.  In the case of petitions to amend Article IV  of
18        the Constitution of the State of Illinois, there shall be
19        a  period  of 35 business days after the last day for the
20        filing of such  petitions  in  which  objections  can  be
21        filed.
22             B.   In the case of petitions for advisory questions
23        of public policy to be submitted to  the  voters  of  the
24        entire State, there shall be a period of 35 business days
25        after  the  last  day for the filing of such petitions in
26        which objections can be filed.
27        Any legal voter of the political subdivision or  district
28    in  which the candidate or public question is to be voted on,
29    or any legal voter in the State in the  case  of  a  proposed
30    amendment  to  Article  IV of the Constitution or an advisory
31    public question to be submitted to the voters of  the  entire
                            -2-                LRB9009639JMmb
 1    State,  having objections to any certificate of nomination or
 2    nomination   papers   or   petitions  filed,  shall  file  an
 3    objector's petition together  with  a  copy  thereof  in  the
 4    principal  office or the permanent branch office of the State
 5    Board  of  Elections,  or  in  the  office  of  the  election
 6    authority  or  local  election   official   with   whom   the
 7    certificate of nomination, nomination papers or petitions are
 8    on  file. In the case of nomination papers or certificates of
 9    nomination, the State Board of Elections, election  authority
10    or  local  election official shall note the day and hour upon
11    which such objector's petition is filed, and shall, not later
12    than 12:00 noon on the second business day after  receipt  of
13    the  petition,  transmit by next-day express delivery service
14    registered  mail   or   receipted   personal   delivery   the
15    certificate  of  nomination  or  nomination  papers  and  the
16    original  objector's  petition  to the chairman of the proper
17    electoral board designated in Section  10-9  hereof,  or  his
18    authorized  agent,  and  shall  transmit a copy by registered
19    mail  or  receipted  personal  delivery  of  the   objector's
20    petition, to the candidate whose certificate of nomination or
21    nomination  papers are objected to, addressed to the place of
22    residence designated in said  certificate  of  nomination  or
23    nomination  papers.  In  the case of objections to a petition
24    for a proposed amendment to Article IV of the Constitution or
25    for an advisory public question to be submitted to the voters
26    of the entire State, the State Board of Elections shall  note
27    the day and hour upon which such objector's petition is filed
28    and  shall  transmit  a  copy  of  the objector's petition by
29    registered mail or receipted personal delivery to the  person
30    designated  on  a certificate attached to the petition as the
31    principal proponent of  such  proposed  amendment  or  public
32    question,  or as the proponents' attorney, for the purpose of
33    receiving notice of objections. In the case of objections  to
34    a  petition  for  a  public  question, to be submitted to the
                            -3-                LRB9009639JMmb
 1    voters of a political subdivision, or district  thereof,  the
 2    election  authority or local election official with whom such
 3    petition is filed shall note the day and hour upon which such
 4    objector's petition was filed,  and  shall,  not  later  than
 5    12:00  noon  on  the second business day after receipt of the
 6    petition,  transmit  by  next-day  express  delivery  service
 7    registered mail or receipted personal delivery  the  petition
 8    for  the public question and the original objector's petition
 9    to the chairman of the proper electoral board  designated  in
10    Section  10-9  hereof,  or  his  authorized  agent, and shall
11    transmit a copy by  registered  mail  or  receipted  personal
12    delivery, of the objector's petition to the person designated
13    on  a  certificate  attached to the petition as the principal
14    proponent of the  public  question,  or  as  the  proponent's
15    attorney, for the purposes of receiving notice of objections.
16        The  objector's  petition  shall give the objector's name
17    and residence address, shall  be  personally  signed  by  the
18    objector  in  his  own proper person, shall be verified under
19    oath, and shall state fully the nature of the  objections  to
20    the   certificate  of  nomination  or  nomination  papers  or
21    petitions in question, and shall state the  interest  of  the
22    objector  and shall request that the electoral board find the
23    nomination papers or certificate of  nomination  invalid  and
24    shall  state what relief is requested of the electoral board.
25    An objector's petition that does not  contain  all  of  these
26    requirements shall be dismissed.
27        The  provisions  of  this  Section  and of Sections 10-9,
28    10-10 and 10-10.1 shall also apply to and  govern  objections
29    to  petitions for nomination filed under Article 7 or Article
30    8, except as otherwise provided in Section 7-13 for cases  to
31    which  it  is  applicable,  and  also  apply  to  and  govern
32    petitions  for  the  submission  of  public  questions  under
33    Article 28.
34    (Source: P.A. 86-1348.)
                            -4-                LRB9009639JMmb
 1        (10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
 2        Sec. 10-9.  The following electoral boards are designated
 3    for  the  purpose  of hearing and passing upon the objector's
 4    petition described in Section 10-8.
 5        1.  The State Board of Elections will hear and pass  upon
 6    objections   to  the  nominations  of  candidates  for  State
 7    offices,  nominations  of   candidates   for   congressional,
 8    legislative  and  judicial  offices  of districts or circuits
 9    situated in more than one county, nominations  of  candidates
10    for   the   offices   of   State's   attorney   or   regional
11    superintendent  of  schools  to be elected from more than one
12    county,  and  petitions  for  proposed  amendments   to   the
13    Constitution  of  the  State  of  Illinois as provided for in
14    Section 3 of Article XIV of the Constitution.
15        2.  The county officers electoral board to hear and  pass
16    upon  objections  to the nominations of candidates for county
17    offices, for congressional, legislative and judicial  offices
18    of  a  district  or  circuit  coterminous with or less than a
19    county, for school trustees to be voted for by  the  electors
20    of the county or by the electors of a township of the county,
21    for  the  office  of multi-township assessor where candidates
22    for such office are nominated in accordance with  this  Code,
23    and  for  all  special district offices, shall be composed of
24    the county clerk, or an assistant designated  by  the  county
25    clerk,  the  State's  attorney  of the county or an Assistant
26    State's Attorney designated by the State's Attorney, and  the
27    clerk of the circuit court, or an assistant designated by the
28    clerk of the circuit court, of the county, of whom the county
29    clerk  or his designee  shall be the chairman, except that in
30    any county which has established a county board  of  election
31    commissioners that board shall constitute the county officers
32    electoral board ex-officio.
33        3.  The  municipal  officers  electoral board to hear and
34    pass upon objections to the  nominations  of  candidates  for
                            -5-                LRB9009639JMmb
 1    officers  of municipalities shall be composed of the mayor or
 2    president of the board of trustees of the  city,  village  or
 3    incorporated town, and the city, village or incorporated town
 4    clerk,  and  one  member  of  the  city  council  or board of
 5    trustees, that member being designated  who  is  eligible  to
 6    serve  on the electoral board and has served the longest time
 7    greatest number of years as a member of the city  council  or
 8    board  of  trustees,  of  whom  the mayor or president of the
 9    board of trustees shall be the chairman.
10        4.  The township officers electoral board  to  pass  upon
11    objections  to  the nominations of township officers shall be
12    composed of the township supervisor, the town clerk, and that
13    eligible town trustee elected in the township who has  served
14    had  the  longest  time  term  of  continuous service as town
15    trustee,  of  whom  the  township  supervisor  shall  be  the
16    chairman.
17        5.  The education officers electoral board  to  hear  and
18    pass  upon  objections  to  the nominations of candidates for
19    offices in school or community  college  districts  shall  be
20    composed  of the presiding officer of the school or community
21    college district  board,  who  shall  be  the  chairman,  the
22    secretary  of  the school or community college district board
23    and the eligible elected school or  community  college  board
24    member,  other  than the president and the secretary, who has
25    served the longest time term of continuous service as a board
26    member.
27        6.  In all cases, however,  where  the  Congressional  or
28    Legislative  district  is wholly within the jurisdiction of a
29    board of election commissioners and in all  cases  where  the
30    school  district  or  special  district  is wholly within the
31    jurisdiction of a municipal board of  election  commissioners
32    and in all cases where the municipality or township is wholly
33    or  partially within the jurisdiction of a municipal board of
34    election commissioners, the board of  election  commissioners
                            -6-                LRB9009639JMmb
 1    shall ex-officio constitute the electoral board.
 2        For  special  districts situated in more than one county,
 3    the county officers electoral board of the  county  in  which
 4    the   principal   office  of  the  district  is  located  has
 5    jurisdiction to hear and pass upon objections.  For  purposes
 6    of  this  Section,  "special  districts"  means all political
 7    subdivisions other than counties,  municipalities,  townships
 8    and school and community college districts.
 9        If  (i)  In  the event that any member of the appropriate
10    board is a candidate for the office with  relation  to  which
11    the objector's petition is filed, (ii) a member circulated or
12    notarized  a  petition sheet for the candidate or referendum,
13    (iii) a member voted in his official  capacity  to  authorize
14    the  matter  that is the subject of a back-door referendum as
15    to which objections were filed, (iv) a member is listed on  a
16    slate  petition  as  to  which  another  slate  member is the
17    subject of an objection, or (v) a  member  is  listed  as  an
18    officer  of a new political party on the petition that is the
19    subject of an objection, he shall not be eligible to serve on
20    that board and shall not act as a member of the board and his
21    place shall be filled as follows:
22             a.  In the county officers electoral  board  by  the
23        chairman  or  president of the county board or the county
24        executive, and thereafter by the county treasurer, and if
25        he or she is ineligible to serve, by the sheriff  of  the
26        county, in that order of preference.
27             b.  In the municipal officers electoral board by the
28        remaining  eligible  elected  city  council  or  board of
29        trustees members in the order of the length of time  each
30        member who has served the second greatest number of years
31        as a city council or board of trustees member.
32             c.  In  the township officers electoral board by the
33        remaining eligible elected town trustees in the order  of
34        the  length  of  time each has served trustee who has had
                            -7-                LRB9009639JMmb
 1        the second longest term of continuous service as  a  town
 2        trustee.
 3             d.  In the education officers electoral board by the
 4        remaining  eligible  elected  school or community college
 5        district board in the order of the length  of  time  each
 6        has  served member who has had the second longest term of
 7        continuous service as a board member.
 8        For the purposes of this  Section,  a  member  is  not  a
 9    candidate  for  the  office  as  to which the objections were
10    filed if the member is running for the same office, but for a
11    different term length or different vacancy as  the  candidate
12    as  to whom the objections were filed. Substitutions shall be
13    made only because the member is  disqualified  as  set  forth
14    above, and not because of absence or refusal to serve.
15        If  In the event that the chairman of the electoral board
16    is ineligible to act  because  of  the  fact  that  he  is  a
17    candidate   for   the  office  with  relation  to  which  the
18    objector's petition is  filed,  then  the  substitute  chosen
19    under  the  provisions of this Section shall be the chairman;
20    In this case, the officer or board with whom  the  objector's
21    petition   is   filed,  shall  transmit  the  certificate  of
22    nomination or nomination papers as the case may be,  and  the
23    objector's   petition  to  the  substitute  chairman  of  the
24    electoral board.
25        When 2 or more eligible individuals, by reason  of  their
26    terms  of  service  on  a  city council or board of trustees,
27    township board of trustees, or school  or  community  college
28    district  board,  qualify  to serve on an electoral board, as
29    soon as  practicable  after  the  objections  are  filed  the
30    chairman  of the electoral board shall, by lot, select one to
31    serve shall be chosen by lot.
32        Any vacancies on an electoral board not otherwise  filled
33    pursuant  to  this  Section  shall  be  immediately filled by
34    public members who shall be licensed attorneys-at-law of this
                            -8-                LRB9009639JMmb
 1    State or persons with demonstrable experience  and  knowledge
 2    of  election law appointed by the Chairman of the State Board
 3    of Elections Chief Judge of the Circuit Court for the  county
 4    wherein  the  electoral  board  hearing  is  being  held upon
 5    notification to the Chairman Chief Judge of  such  vacancies.
 6    The  Chairman Chief Judge shall be so notified by a member of
 7    the electoral board or the officer or  board  with  whom  the
 8    objector's  petition  was  filed.  A  public member appointed
 9    under this paragraph is subject to  disqualification  on  the
10    same grounds as regular members. If In the event that none of
11    the  individuals  designated  by this Section to serve on the
12    electoral board are eligible, the chairman  of  an  electoral
13    board  shall be designated by the Chairman of the State Board
14    of Elections  Chief  Judge.  Public  members  shall  be  paid
15    reasonable  compensation  for  their services at a rate to be
16    determined by the State Board of Elections by rule.
17    (Source: P.A. 87-570.)
18        (10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
19        Sec. 10-10.  Within 2 business days 24  hours  after  the
20    receipt of the certificate of nomination or nomination papers
21    or  proposed  question  of public policy, as the case may be,
22    and the objector's petition, the chairman  of  the  electoral
23    board  other  than  the State Board of Elections shall send a
24    call by  next-day  express  delivery  service  registered  or
25    certified mail to each of the members of the electoral board,
26    and  to  the  objector who filed the objector's petition, and
27    either to the candidate whose certificate  of  nomination  or
28    nomination  papers  are  objected  to  or  to  the  principal
29    proponent  or attorney for proponents of a question of public
30    policy, as the case may be, whose petitions are objected  to,
31    and shall also cause the sheriff of the county or counties in
32    which  such  officers  and  persons reside to serve a copy of
33    such call upon each of such officers and persons, which  call
                            -9-                LRB9009639JMmb
 1    shall  set  out the fact that the electoral board is required
 2    to meet to hear and pass upon the objections  to  nominations
 3    made for the office, designating it, and shall state the day,
 4    hour  and  place  at which the electoral board shall meet for
 5    the purpose, which place may shall be  in  the  county  court
 6    house  in  the  county,  or  in  the  principal office of the
 7    county, municipality, township, school district, or community
 8    college  district,  in  the  case  of  the  County   Officers
 9    Electoral  Board, the Municipal Officers Electoral Board, the
10    Township Officers Electoral Board or the  Education  Officers
11    Electoral  Board.  In  those  cases  where the State Board of
12    Elections is the electoral  board  designated  under  Section
13    10-9,  the  chairman  of  the State Board of Elections shall,
14    within 2 business days 24 hours  after  the  receipt  of  the
15    certificate  of  nomination or nomination papers or petitions
16    for a proposed amendment to Article IV of the Constitution or
17    proposed statewide question of public policy, send a call  by
18    next-day  express  delivery  service  registered or certified
19    mail to the objector who files the objector's  petition,  and
20    either  to  the  candidate whose certificate of nomination or
21    nomination  papers  are  objected  to  or  to  the  principal
22    proponent  or  attorney  for  proponents  of   the   proposed
23    Constitutional  amendment  or  statewide  question  of public
24    policy and shall state the day, hour and place at  which  the
25    electoral  board  shall meet for the purpose, which place may
26    be in the Capitol Building or in the principal  or  permanent
27    branch  office  of  the  State  Board. The day of the meeting
28    shall not be less than 3 nor more than 5 business days  after
29    the  receipt  of  the certificate of nomination or nomination
30    papers and the objector's petition by  the  chairman  of  the
31    electoral board.
32        Service  on a party made by either method provided for in
33    this Section is sufficient to effect the board's jurisdiction
34    over the party. Service on a party may be made on any  person
                            -10-               LRB9009639JMmb
 1    over 13 years old living in the same household as the party.
 2        If  the objector's petition is filed jointly by more than
 3    one objector, the chairman need serve  only  the  first-named
 4    objector.
 5        Failure  of  an electoral board, a member of an electoral
 6    board, or an election authority to meet any deadline  imposed
 7    by this Article shall be remediable by mandamus but shall not
 8    affect  jurisdiction  over  a party or affect the validity of
 9    any act done by the board, member, or election authority.
10        The electoral board shall have the  power  to  administer
11    oaths  and  to  subpoena  and  examine  witnesses  and at the
12    request of either party  the  chairman  may  issue  subpoenas
13    requiring  the  attendance  of  witnesses and subpoenas duces
14    tecum requiring the production of such books, papers, records
15    and documents as may be evidence of any matter under  inquiry
16    before  the  electoral board, in the same manner as witnesses
17    are subpoenaed in the Circuit Court. The education, township,
18    and municipal officers  electoral  boards,  and  a  Board  of
19    Election  Commissioners  sitting  ex-officio  as an electoral
20    board, shall have the authority to retain  legal  counsel  to
21    advise  it and represent its legal interests. All expenses of
22    electoral boards, other than the State Board of Elections  or
23    a  Board  of  Election Commissioners sitting ex-officio as an
24    electoral board, shall be paid as follows:
25        (a)  For the county  officers  electoral  board,  by  the
26    office of the County Clerk.
27        (b)  For  the  education officers electoral board, by the
28    board of education or community college board of trustees.
29        (c)  For the township officers electoral  board,  by  the
30    township.
31        (d)  For  the  municipal officers electoral board, by the
32    municipality.
33        Service of such subpoenas shall be made by any sheriff or
34    other person in the same manner as in cases in such court and
                            -11-               LRB9009639JMmb
 1    the fees of such sheriff shall be the same as is provided  by
 2    law,  and  shall  be  paid  by  the objector or candidate who
 3    causes the issuance of the subpoena. In case  any  person  so
 4    served  shall  knowingly  neglect  or refuse to obey any such
 5    subpoena, or to testify, the electoral board  shall  at  once
 6    file  a  petition in the circuit court of the county in which
 7    such hearing is to be heard, or  has  been  attempted  to  be
 8    heard,  setting  forth  the facts, of such knowing refusal or
 9    neglect, and accompanying the petition with  a  copy  of  the
10    citation and the answer, if one has been filed, together with
11    a copy of the subpoena and the return of service thereon, and
12    shall  apply  for  an order of court requiring such person to
13    attend and testify, and forthwith produce books  and  papers,
14    before  the  electoral  board.  The  Any circuit court of the
15    state, excluding the judge who is sitting  on  the  electoral
16    board,  upon  such  showing shall order such person to appear
17    and testify, and to forthwith produce such books and  papers,
18    before  the  electoral  board  at  a place to be fixed by the
19    court. If such person shall knowingly fail or refuse to  obey
20    such  order  of  the  court  without lawful excuse, the court
21    shall punish him or her by  fine  and  imprisonment,  as  the
22    nature  of the case may require and may be lawful in cases of
23    contempt of court.
24        The electoral board on the first day of its meeting shall
25    adopt rules of procedure and rules for  the  introduction  of
26    evidence  and  the  presentation of arguments and may, in its
27    discretion, provide for the filing of briefs by  the  parties
28    to  the  objection  or  by other interested persons. Only the
29    objectors and candidates may present evidence or arguments to
30    the electoral board. The proceedings shall be adversarial  in
31    nature.  The  objector  need  not  present  evidence  of  his
32    standing to bring the objections. The candidate or proponent,
33    however, may attack the objector's standing collaterally. The
34    electoral  board  may  appoint one or more administrative law
                            -12-               LRB9009639JMmb
 1    judges  to  take  evidence,  hear  arguments,  and   make   a
 2    recommended   decision.  Meetings  of  the  electoral  board,
 3    including deliberations and the issuance of written decisions
 4    and orders,  are  subject  to  the  Open  Meetings  Act.  The
 5    electoral  board  shall  have  its  meetings tape recorded or
 6    recorded  by  a  certified  court  reporter.  All  pleadings,
 7    motions, and similar papers  filed  by  a  party  before  the
 8    electoral  board,  including the objector's petition, must be
 9    signed by an attorney whose name and address  are  stated  on
10    the  papers, or signed by the party himself. The signature of
11    an attorney or party constitutes a  certificate  by  him  (i)
12    that  he  has read the pleading, motion, or other paper, (ii)
13    that to the best of his knowledge, information,  and  belief,
14    formed  after  reasonable  inquiry,  the pleading, motion, or
15    paper is well grounded in fact and is warranted  by  existing
16    law or a good-faith argument for the extension, modification,
17    or  reversal  of  existing  law,  and  (iii)  that  it is not
18    interposed for any purpose such as  to  harass  or  to  cause
19    unnecessary  delay  or  needless  increase in the cost of the
20    ligation or a campaign. If a pleading, motion, or other paper
21    is signed in violation of this paragraph, an aggrieved  party
22    may  file  a  complaint  in circuit court after the electoral
23    board has issued its written decision  and  the  court,  upon
24    finding  a  violation  of  this  paragraph,  shall  impose by
25    judgment upon  the  violating  party  a  sanction  which  may
26    include  an order to pay to the aggrieved party the amount of
27    reasonable expenses incurred because of  the  filing  of  the
28    pleading,   motion,  or  other  paper,  including  reasonable
29    attorney fees.
30        In the event  of  a  State  Electoral  Board  hearing  on
31    objections  to  a  petition for an amendment to Article IV of
32    the Constitution pursuant to Section 3 of Article XIV of  the
33    Constitution,  or  to  a  petition  for  a question of public
34    policy to be submitted to the voters of the entire State, the
                            -13-               LRB9009639JMmb
 1    certificates of the county  clerks  and  boards  of  election
 2    commissioners  showing  the  results  of the random sample of
 3    signatures on the petition shall be  prima  facie  valid  and
 4    accurate,  and  shall  be presumed to establish the number of
 5    valid and invalid signatures on the petition sheets  reviewed
 6    in  the  random  sample,  as  prescribed in Section 28-11 and
 7    28-12 of this Code.  Either  party,  however,  may  introduce
 8    evidence  at  such  hearing  to  dispute  the findings as  to
 9    particular signatures.  In addition to the foregoing, in  the
10    absence  of competent evidence presented at such hearing by a
11    party substantially  challenging  the  results  of  a  random
12    sample,   or  showing  a  different  result  obtained  by  an
13    additional sample, this certificate  of  a  county  clerk  or
14    board   of   election  commissioners  shall  be  presumed  to
15    establish the ratio of valid to invalid signatures within the
16    particular election jurisdiction.
17        The electoral board shall take  up  the  question  as  to
18    whether  or  not  the certificate of nomination or nomination
19    papers or petitions are in proper form, and  whether  or  not
20    they  were  filed  within  the  time and under the conditions
21    required by law, and whether or  not  they  are  the  genuine
22    certificate  of  nomination or nomination papers or petitions
23    which they purport to be, and whether or not in the  case  of
24    the  certificate  of  nomination  in  question  it represents
25    accurately the decision of the caucus or  convention  issuing
26    it,   and   in  general  shall  decide  whether  or  not  the
27    certificate of nomination or nominating papers  or  petitions
28    on file are valid or whether the objections thereto should be
29    sustained  and  the  decision  of a majority of the electoral
30    board shall be final subject to judicial review  as  provided
31    in  Section  10-10.1.   The  electoral  board must state  its
32    findings  in  writing  and  must  state  in   writing   which
33    objections,  if  any,  it  has sustained. The electoral board
34    must issue its written findings within 2 business days  after
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 1    hearing  the  final  evidence and arguments from the parties.
 2    The electoral board must issue its written  findings,  signed
 3    by  the  chairman  and  members,  at  an  open  session  with
 4    appropriate prior notice to the parties. At that session, the
 5    electoral  board shall provide copies of its written findings
 6    to all parties if they are present, and if  a  party  is  not
 7    present  the electoral board shall immediately send a copy of
 8    its written findings to the party  by  regular  mail  to  the
 9    party  at  the  address  shown  on  the  objector's petition,
10    nomination papers, or certificate of nomination.
11        Upon  the  expiration  of  the  period  within  which   a
12    proceeding  for  judicial  review  must  be  commenced  under
13    Section  10--10.1,  The  electoral  board  shall immediately,
14    unless a proceeding for judicial review  has  been  commenced
15    within  such  period,  transmit, by next-day express delivery
16    service registered or certified mail, a certified copy of its
17    ruling, together with the original certificate of  nomination
18    or nomination papers or petitions and the original objector's
19    petition,  to  the officer or board with whom the certificate
20    of nomination or nomination papers or petitions, as  objected
21    to, were on file, and such officer or board shall immediately
22    issue  an  amended  ballot  certification  incorporating  the
23    findings  of  the electoral board, if necessary, and abide by
24    and comply with  the  ruling  so  made  to  all  intents  and
25    purposes.
26    (Source: P.A. 85-293; 86-1348.)
27        (10 ILCS 5/10-10.1) (from Ch. 46, par. 10-10.1)
28        Sec.  10-10.1.  Except  as  otherwise  provided  in  this
29    Section, a candidate or objector aggrieved by the decision of
30    an  electoral board may secure administrative judicial review
31    of such decision in the circuit court of the county in  which
32    the  hearing  of  the electoral board was held in the circuit
33    court of any county in which the  subject  election  will  be
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 1    held (if the election is not a statewide election), or in the
 2    county  of the candidate's or objector's residence. The party
 3    seeking administrative judicial review must file  a  petition
 4    for  administrative review with the clerk of the court within
 5    3 10 days after the decision  of  the  electoral  board.  The
 6    petition  shall  name the electoral board, all parties to the
 7    electoral board proceedings, and any election authority  that
 8    will  issue  ballots  for the subject election as respondents
 9    and shall contain a brief statement of the  reasons  why  the
10    decision  of  the  board  should  be reversed. The petitioner
11    shall serve a copy of the petition upon the  electoral  board
12    and  other  parties  to  the  proceeding  by next-day express
13    delivery service, personal service, registered  or  certified
14    mail  and  shall  file proof of service with the clerk of the
15    court. The provisions of the Administrative Review Law  shall
16    govern   the   administrative   review   of  electoral  board
17    decisions, except that (i) any answer to the petition must be
18    filed within 5 business days after  the  petition  was  filed
19    with  the  court,  and  (ii)  the  court  must dispose of the
20    petition  within  15  business  days  after  filing  of   the
21    petition.  The  electoral board shall file the administrative
22    record within 5 business days after filing of  the  petition.
23    Before  ruling  on  the  petition,  the  court may enter such
24    orders relating to ballot printing or issuance  as  it  deems
25    appropriate. Any notice of appeal to the appellate court must
26    be  filed  within  3 business days, rather than 30 days, from
27    the  circuit  court's  final  order.  Upon  receipt  of   the
28    docketing statement, the appellate court shall enter an order
29    providing  an  expedited schedule for disposition of the case
30    calculated to resolve the matter, if possible, prior  to  the
31    subject  election.  No  answer to the petition need be filed,
32    but any answer must be filed within 10 days after the  filing
33    of the petition.
34        The  court  shall  set  the matter for hearing to be held
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 1    within 30 days after the filing of  the  petition  and  shall
 2    make its decision promptly after such hearing.
 3        An  objector or proponent aggrieved by the decision of an
 4    electoral  board  regarding  a  petition  filed  pursuant  to
 5    Section 18-120 of the Property Tax Code may secure  a  review
 6    of  such decision by the State Board of Elections.  The party
 7    seeking such review must file a petition  therefor  with  the
 8    State Board of Elections within 10 days after the decision of
 9    the  electoral  board.   Any  such  objector or proponent may
10    apply for and obtain judicial review of  a  decision  of  the
11    State Board of Elections entered under this amendatory Act of
12    1985, in accordance with the provisions of the Administrative
13    Review Law, as amended.
14    (Source: P.A. 88-670, eff. 12-2-94.)

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